Free Motion for Leave to File - District Court of Arizona - Arizona

1 James M. McGee, Esq. 2 Attorney at Law Arizona State Bar No. 011931 3 P.O. Box 460 Cottonwood, Arizona 86326 4 Telephone: 928.639.4747 FAX: 928.639.2190 5 6 Attorney for Defendants/Third Party Plaintiffs 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 COMES NOW Home Mortgage, Inc., (HMI) an Arizona corporation formerly conducting CATHLEEN CHANNEL; THERESA WHARRY; STACIE HANSON; MONIQUE NICHOLS, PLAINTIFFS, v. HOME MORTGAGE, INC., an Arizona Corporation conducting business in Arizona; CARL BROWN; MOLLY BROWN; DOES 1-10; XYZ CORPORATIONS; BLACK PARTNERSHIPS; DEFENDANTS/THIRD PARTY PLAINTIFFS, v. LAWRENCE GREGORY BROWN, John and Jane Does I-X; JANE DOE BROWN; XYZ CORPORATIONS; BLACK AND WHITE PARTNERSHIPS I-X, THIRD PARTY DEFENDANTS. CAUSE NO.: CIV2003100PHXROS MOTION FOR LEAVE OF COURT TO FILE A THIRD PARTY COMPLAINT IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

27 business in Arizona; Carl I. Brown and Molly Brown, and files this their Motion for Leave of 28 Court to file a Third Party Complaint in the above-captioned matter, proposed Third Party Case 2:03-cv-00100-ROS-MEA Document 129 Filed 05/21/2007 Page 1 of 5

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Complaint attached, with Exhibit 1. An Affidavit, Exhibit 1, recently discovered in the course of

2 inheriting this case, dated 29 November 2006 and executed by "L. Gregory Brown", (LGB) 3 indicates that it was he, and NOT Defendants/Third Party Plaintiffs that ran the day-to-day 4 operations of HMI out of Las Vegas and it was he that was essentially responsible for 5 6 7 8 9 10 Defendants/Third Party Plaintiffs, regardless of who or what incorporated HMI and funded it in the first place. This recent Affidavit contradicts a previous Affidavit extracted/extorted from "LGB" by whatever happened or didn't happen with that company, completely. NEGLIGENCE, if any, and/or BREACH OF CONTRACT, if any, should be attributed to him, and NOT

11 Plaintiffs' Counsel, James Burr Shields, II, attempting to point the finger at Defendants/Third 12 Party Plaintiff's as the culprits in this case, IN EXCHANGE FOR A DISMISSAL WITH 13 14 DEFENDANTS/THIRD PARTY PLAINTIFFS WERE THE ONES WITH THE "DEEP 15 16 17 POCKETS." This Third Party Complaint alleges at least the following: (1) NEGLIGENCE in the PREJUDICE for LGB from Mr. Shields, ALL THE TIME KNOWING THAT

18 management of HMI and supervision of its non-salaried, non-employee, independent 19 contractors by LGB only, if any; (2) BREACH OF CONTRACT, if any, in the non-payment of 20 any claimed or not claimed, commissions for sale, earned, or not earned, by the individuals 21 22 throughout these proceedings attributable to LGB and LGB only, and (3) NEGLIGENCE on the 23 24 part of LGB, and LGB only, in the closure of its Las Vegas offices and the resulting dissolution named as Plaintiffs in the above captioned matter, and any other claims that may arise

25 of HMI. 26 ALTHOUGH THE PLAINTIFFS IN THIS CASE MAY HAVE DISMISSED LGB WITH

27 PREJUDICE, HE HAS NOT BEEN SO DISMISSED BY THE DEFENDANTS/THIRD PARTY Case 2:03-cv-00100-ROS-MEA Document 129 2 Filed 05/21/2007 Page 2 of 5

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PLAINTIFFS,

DEFENDANTS/THIRD

PARTY

PLAINTIFFS

NEVER

HAVING

THE

2 OPPORTUNITY TO CONSULT WITH CURRENT COUNSEL AT THE TIME OR AGREE 3 WITH SUCH A RESOLUTION. A VIABLE THIRD PARTY CLAIM THUS STILL EXISTS 4 AGAINST LGB. DEFENDANTS/THIRD PARTY PLAINTIFFS WERE NEVER COMPLETELY 5 6 7 8 9 10 VIRTUALLY THAT OF LGB ONLY. See, attached, Exhibit 1, Affidavit of Lawrence Gregory Brown, dated 29 November 2006. MOTION IS THEREFORE MADE to Amend the Defendant/Third Party Plaintiffs' INFORMED OF, ADVISED OF, LEGALLY OR OTHERWISE, OR FULLY PARTICIPATED IN, THE CLOSURE OF THE HMI OFFICES IN LAS VEGAS. THOSE DECISIONS WERE

11 Answer to include the attached Third Party Complaint. 12 13 14 15 16 17 18 Original of the foregoing e-filed and mailed this 20th 19 day of May, 2007 to: 20 Court 21 Counsel for Channel, et al. Client 22 23 24 25 26 27 Case 2:03-cv-00100-ROS-MEA Document 129 3 Filed 05/21/2007 Page 3 of 5 James M. McGee Counsel for Defendants/Third Party Plaintiffs DATED this 20th day of May, 2007.

James M. McGee

Digitally signed by James M. McGee DN: cn=James M. McGee, o=Law Office, ou, [email protected], c=US Date: 2007.05.21 11:29:29 -07'00'

James M. McGee, Esq. Attorney at Law 2 Arizona State Bar No. 011931 P.O. Box 460 3 Cottonwood, Arizona 86326 Telephone: 928.639.4747 4 FAX: 928.639.2190 1 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 v. 20 21 22 23 24 25 THIRD PARTY DEFENDANTS. UPON DEFENDANTS/THIRD PARTY PLAINTIFFS Motion for Leave of Court to File LAWRENCE GREGORY BROWN, John and Jane Does I-X; JANE DOE BROWN; XYZ CORPORATIONS; BLACK AND WHITE PARTNERSHIPS I-X, v. HOME MORTGAGE, INC., an Arizona Corporation conducting business in Arizona; CARL BROWN; MOLLY BROWN; DOES 1-10; XYZ CORPORATIONS; BLACK PARTNERSHIPS; DEFENDANTS/THIRD PARTY PLAINTIFFS, CATHLEEN CHANNEL; THERESA WHARRY; STACIE HANSON; MONIQUE NICHOLS, PLAINTIFFS, CAUSE NO.: CIV2003100PHXROS ORDER GRANTING MOTION TO FILE A THIRD PARTY COMPLAINT IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA Attorney for Defendants/Third Party Plaintiffs

26 Third Party Complaint and good cause appearing: 27 Case 2:03-cv-00100-ROS-MEA Document 129 4 Filed 05/21/2007 Page 4 of 5

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IT IS HEREBY ORDERED that Defendants/Third Party Plaintiffs are granted leave pursuant to

2 Rule 14(a), Arizona Rules of Civil Procedure, to file and serve the Third Party Complaint 3 submitted together with their Motion for Leave to File Third Party Complaint. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Case 2:03-cv-00100-ROS-MEA Document 129 5 Filed 05/21/2007 Page 5 of 5 ___________________________________ Honorable Roslyn O. Silver DONE IN OPEN COURT this _____ day of ____________, 2007.